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Types of problems
Problems can arise in any workplace. Below are some examples, though not an exhaustive list. Employers, employees and their representatives may find it helpful to refer to the Labour Relations Agency's codes of practice, sample letters, flowcharts and guides. Our service is confidential and all our resources are free of charge to anyone working to prevent or resolve a workplace issue in Northern Ireland.
No. 62 The Statutory Maternity Pay (General) (Amendment) Regulations (Northern Ireland) 2005
These Regulations amend the 1987 Regulations to provide for continuity of employment in respect of a dismissal where a woman commences a statutory dispute resolution procedure and as a consequence of the procedure is reinstated or re-engaged by her employer (on or after 6/4/05).
The Rehabilitation of Offenders (Exceptions) (Amendment) Order (Northern Ireland) 2019
This instrument amends the Rehabilitation of Offenders (Exceptions) Order (Northern Ireland) 1979 (“the 1979 Order”) to give effect to changes to a criminal record ‘filtering scheme’ that allows some old and minor spent convictions to be ‘filtered, so that they are no longer disclosed and cannot be taken into account in employment decisions in certain circumstances. The 1978 Order makes it possible for certain convictions to become “spent”, which means that after a specified period a person can be treated for certain purposes as if the conviction had never happened and they need not, for example, tell an employer about the conviction when applying for a job.
To ensure that the public is adequately protected, however, certain exceptions to the 1978 Order are set out in the 1979 Order so that, for specified professions and occupations that typically involve a high degree of trust and often involve vulnerable persons, applicants must declare all past convictions when asked. The 1979 Order is amended periodically to ensure that the access to the criminal record disclosure regime keeps pace with changes in public risk; to ensure that disclosure regimes remain consistent across jurisdictions where appropriate; and to maintain the public trust and protection process.
This Order, the Rehabilitation of Offenders (Exceptions) (Amendment) Order (Northern Ireland) 2019 (“the 2019 Order”), stems from a Supreme Court judgment, which ruled that elements of the criminal record ‘filtering scheme’ operated by the Department of Justice were disproportionate. The ‘filtering scheme’ was established in 2014 following a review of the criminal records regime in Northern Ireland that was carried out by Sunita Mason during 2011, which recommended that the Department of Justice should filter old and minor convictions from standard and enhanced criminal record certificates; and to take account of the findings of two court cases concerning the disclosure of criminal record material at that time.
The terms of the scheme are that a conviction can be filtered after a period of 11 years (or 5.5 years for those under 18 at the time of the conviction), so long as the conviction was not for a specified offence as listed in the 1979 Order (e.g. serious violent and sexual offences; or offences of specific relevance for posts concerned with safeguarding children and vulnerable adults; etc.); did not attract a custodial sentence; and if there is no other conviction on the individual’s record.
The Supreme Court found that limiting the filtering scheme to a single offence, with the result that more than one old and minor conviction would be disclosed automatically, was disproportionate. The Department has, therefore, adjusted the terms of the scheme to allow more than one offence to be filtered in order to comply with the judgment.
The 2019 Order gives effect to this change by amending the 1979 Order to remove Article 1A(2)(c), which restricted the terms of the filtering scheme to a single conviction. The Department is satisfied that public protection is maintained, however, as the remaining elements of the filtering scheme will continue to ensure that there is no increased risk to the public as a result of this change.
425 The Employment Equality (Age) (Amendment) Regulations (Northern Ireland) 2009
These Regulations, although made in 2009, come into operation on 11/1/10.
No 60 The Health and Safety (Fees) Regulations (Northern Ireland) 2010
These Regulations revoke and re-enact the 2009 Regulations and come into effect from 1/4/10.
Escalating unresolved issues
Some issues in the workplace cannot be resolved informally so it is important that there is a fair and clear escalation process where each side meets their responsibilities. The Labour Relations Agency can offer information, flowcharts and codes of practice to help. We also offer confidential and impartial conciliation, mediation and arbitration services to help parties resolve issues without needing to go to tribunal.
The Agency is a public body with statutory responsibilities so there is no charge for our services.
Labour Relations Agency Public Meeting to Explore Link Between Good Employment Relations and a Strong Economy
The link between harmonious, productive workplaces and a thriving economy is the theme of the Labour Relations Agency’s annual public meeting on Thursday 25 October in Belfast’s Radisson Blu Hotel at 11.30am.
New CEO for Labour Relations Agency
The Labour Relations Agency has appointed Don Leeson as its new Chief Executive Officer.
Business Growth on the Menu for Labour Relations Agency Breakfast and Networking Event
The Labour Relations Agency is inviting employers in the North West to come to a free breakfast event on 30 January 2019 at 80/81 Ebrington Square, L’Derry.
No. 276 The Corporate Manslaughter and Corporate Homicide Act (2007) (Commencement No 2) Order 2010
This Statutory Instrument brings into effect Section 10 of the 2007 Act which makes provision for the power to order convictions etc to be publicised.